2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 17. Authentication And Identification
§19-17-4 (Rule 902(3)) Self-authenticating foreign public documents.


SD Codified L § 19-17-4 (through 2012) What's This?


19-17-4. (Rule 902(3)) Self-authenticating foreign public documents. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to a document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position:

(1) Of the executing or attesting person; or

(2) Of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

Source: RC 1919, § 2720; Supreme Court Rule 548, 1939; SDC 1939 & Supp 1960, § 36.0801 (4); SDCL, § 19-7-8; Supreme Court Rule 78-2, Rule 902 (3).

Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.